USA v. Johnnie Warren
| JOHNNIE T. WARREN |
| UNITED STATES OF AMERICA |
| 20-17098 |
| October 22, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 3 Filed order (JAY S. BYBEE and ANDREW D. HURWITZ) : The request for a certificate of appealability (COA) (Docket Entry No. [ # 2 ] ) is denied. See 28 U.S.C. 2253(c)(2). To the extent appellant appeals from the district courts order dated December 19, 2018, denying his 28 U.S.C. 2255 motion, this appeal is both untimely and duplicative of Appeal No. 19-15079. To the extent appellant appeals from the district courts denial of a COA, that order is not separately appealable. See Greenawalt v. Stewart, 105 F.3d 1268, 1272 (9th Cir. 1997), abrogation on other grounds recognized by Jackson v. Roe, 425 F.3d 654, 658-61 (9th Cir. 2005); see also See Rule 11(a), 28 U.S.C.A. foll. 2254. To the extent appellant appeals from the district courts order dated October 7, 2020, his request for a COA is denied because appellant has not shown that jurists of reason would find it debatable whether the [motion] states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see also 28 U.S.C. 2253(c)(2); Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012). Any pending motions are denied as moot. DENIED. [11925155] (RT) [Entered: 12/11/2020 05:12 PM] |
| Filing 2 Filed Appellant Johnnie T. Warren motion for certificate of appealability. Deficiencies: None. [11883518] (NAC) [Entered: 11/05/2020 03:25 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 10/07/2020. Record on appeal included: Yes. [11868214] (JMR) [Entered: 10/22/2020 09:59 AM] |
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| Defendant / appellant: JOHNNIE T. WARREN | |
| Represented By: | Johnnie T. Warren |
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| Plaintiff / appellee: UNITED STATES OF AMERICA | |
| Represented By: | Micah W.J. Smith |
| Represented By: | Micah Smith |
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